TaxTMI 
TaxTMI 
2020 (11) TMI 291
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....ompanies Act, 1956 (for brevity 'the Act') against the order of striking off the name of the company, passed by the Respondent under section 248 (1) of the Act, issued vide notification No. ROC/DELHI/248(5)/STK-7/4865 and published on 08.08.2018 by Registrar of Companies, the respondent herein. 2. The Appellant states that, the company was incorporated as a Private Limited Company with the Registrar of Companies, NCT of Delhi and Haryana under the Companies Act, 1956 on 18.03.2004 with CIN U45201 DL2004 PTC125260, having its registered office at 427, Bhera Enclave, Paschim Vihar, New Delhi - 110087. 3. The Authorized Share Capital of the company is Rs. 10,00,000/- divided into 1,00,000/- equity shares of Rs. 10/- each. The iss....
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....heir Statutory Returns. The Appellant Company has not filed its Annual Returns and Balance Sheet for F. Y. 2013-14 to 2017-18, thereby giving rise to the surmise that the company was not in operation. Consequently, its name was struck off vide notice STK-7 dated 08.08.2018 by the Respondent from the Register of Companies under Section 248 of the Companies Act, 2013, upon taking steps in accordance with law and issuing a notification in the Official Gazette. The names of the affected companies were posted on its website. 6. The Respondent herein had issued purported Public Notice bearing No. ROC/DELHI/248/STK-5/2018/2912 dated 18.06.2018 and had sought explanation from the company as to why its name should not be struck off from the regis....
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....s are evident from the Bank Account statement of the Company for the relevant period. 9. The Appellant has brought forward the following documents about it being in operation and functional during the period of striking off: i. Copy of General Power of Attorney & Agreement to Sell executed on 17.03.2009, Plot No. 4, Area Measuring 242.75 Sq. Mtrs. situated in Sector - 20, Situated at service Centre, Marble Market, Dwarka, New Delhi. ii. Copy of General Power of Attorney & Agreement to Sell executed on 17.03.2009, Plot No. 5, Area Measuring 242.75 Sq. Mtrs. situated in Sector - 20, Situated at service Centre, Marble Market, Dwarka, New Delhi. iii. The copies of Audited Financial Statements of the company for the....
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....of Rs. 40,00,000/- was made and a demand of Rs. 23,72,329/- was created along with appropriate penalty under Section 271(1)(c) of the Income Tax Act, 1961. 13. In its reply the Income Tax Department also prays for the following: a. That the directors of the Appellant Company may be directed to attend the recovery proceedings / penalty proceedings before the office of the answering Respondent and to provide details of all the movable / immovable assets of the company. b. That the Appellant company may be directed to file un undertaking that no assets will be sold out before paying the demand of the department. c. Pass appropriate orders for protecting the interest of the Revenue; d. Pass any orders in f....
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....ax Department, this Tribunal orders that the appellant company is directed to attend the recovery proceedings / penalty proceedings before the office of the answering Respondent and to provide details of all the movable / immovable assets of the company. The appellant company is also directed to file an undertaking that no assets will be sold out before paying the demand of the department. 17. Accordingly, this appeal is allowed. The Public Notice of Registrar of Companies, striking off the name of the company is hereby declared illegal and set aside. The restoration of the company's name to the Register of Registrar of Companies is ordered subject to its filing of all outstanding documents with proper filing fees along with addition....